Monthly Archives: October 2014

Part of estate planning is having a will drafted that meets the needs of your family now and in the future. If you already have a will you should review it, especially if you have had changes in your life. Instead of preparing a new will, for small changes a codicil can provide an update. When executing a will or codicil please do so with an attorney as the failure to have wills or codicils properly executed can result in a court disregarding the document.

Requirement for a Will

In Florida there are formal requirements that must be met for the will to be valid. These requirements are set by statute and cannot be waived. Some requirements for a valid will, include:

Over 18 years old

Sound mind

Written document

Witnessed and notarized in a special manner provided by law for wills

Proven valid in and allowed by a probate court

What can a will do for you?

A will is a statement of your wishes:

You decide who gets your property instead of the law making the choice for you

You name the personal representative for your will (provide the person can qualify)

Can create a trust

You can make gifts to charity

Identify a guardian for minor children

Why do I need a will?

Without a will any property that you own is distributed according to Florida statute. The court may appoint a personal representative to manage your estate. The cost of probating the estate may be greater then if you have planned with a will and the administration of your estate may be subject to greater court supervision.

What else do I need?

You should also talk with your attorney about these documents:

Living Will: This is a declaration specifying your individual desires regarding the use of life prolonging medical procedures.

Power of Attorney: Prior to your death, a power of attorney, appoints another person to have power to control or distribute assets.

Healthcare surrogate: Allows the designation to make health care decisions for you when you are unable.